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People often think of a will as a one-time task. In reality, a will is a living part of your legal planning. As your life changes, the document should be reviewed to make sure it still does what you think it does.
Sometimes an old will is merely outdated. Sometimes a major life event changes its legal effect in a much more serious way.
Why Regular Review Matters
Wills can become ineffective or inappropriate because:
- relationships change
- beneficiaries die
- executors become unsuitable
- children are born or adopted
- assets are sold or acquired
- the law changes
A will that was sensible years ago may now point your estate in the wrong direction.
Marriage
Marriage is one of the most legally significant events for an existing will.
Ontario law has long treated marriage as having major consequences for previously signed wills. That is why estate plans should be reviewed before marriage or immediately after it.
If you do nothing, the result can be dramatically different from what you expected.
Wills Made in Contemplation of Marriage
In some situations, a will can be drafted with a specific upcoming marriage in mind so that the marriage does not defeat the intended estate plan.
That requires proper legal drafting before the marriage takes place. It is not something that can be fixed casually afterward.
Separation
Separation is one of the biggest practical traps in estate planning.
Many people believe that once they separate, their spouse is effectively out of the will. That is often wrong. Separation does not automatically rewrite the document.
That means a separated spouse may still:
- remain a beneficiary
- remain the named executor
- remain heavily embedded in the estate plan
If the relationship has broken down, waiting to update the will can create exactly the result you no longer want.
Divorce
Divorce has important legal effects on wills, especially regarding gifts and appointments involving the former spouse.
But divorce does not necessarily create a complete or sensible new estate plan by itself. You may still be left with:
- gaps in the residue
- no effective executor choice
- outdated beneficiary structures
- no provision for your current partner or family circumstances
That is why a fresh review after divorce is still essential.
Children Born or Adopted After the Will
New children are one of the clearest reasons to review a will.
Problems can arise where:
- the will names only existing children
- guardianship planning is missing
- trusts for minors are absent
- the new child is not clearly included in the distribution scheme
Even where the wording is broad enough to include future children, a review is still usually wise so the document is explicit and workable.
Grandchildren, Step-Children, and Adopted Children
These family changes also deserve careful attention.
- Step-children are not automatically included just because they are emotionally part of the family.
- Adopted children should be considered expressly within the estate plan structure.
- Grandchildren may need to be addressed depending on how gifts are framed and what long-term planning is intended.
Death of a Beneficiary or Executor
If a named beneficiary dies before you, the result may depend on the exact wording of the will and the operation of Ontario law.
If a named executor dies, becomes ill, or becomes unsuitable, the administration side of the estate can become much more difficult than you intended.
That is why old wills often need review even when the testator’s wishes have not changed in principle.
Major Asset Changes
A will that refers to specific assets can stop working well if those assets no longer exist or have changed in importance.
Examples include:
- selling a home or cottage that was specifically gifted
- acquiring a business
- receiving a large inheritance
- building substantial digital or investment assets
Significant asset changes should trigger a review.
How Often to Review
A practical rule is:
- after marriage
- after separation
- after divorce
- after the birth or adoption of a child
- after the death of a major beneficiary or executor
- after major asset changes
- every few years even if nothing dramatic has happened
Codicil vs. New Will
Some changes can be made by codicil, but many situations are cleaner and safer with a new will.
A new will often avoids confusion by replacing the older document entirely instead of forcing everyone to read multiple pieces together.
For major family or asset changes, a new will is often the better option.
Cost of Not Updating
Failing to update a will can create very real outcomes, such as:
- a separated spouse benefiting unexpectedly
- a new child being left in an uncertain position
- an executor who is no longer suitable remaining in charge
- a gift failing because the asset no longer exists
These are avoidable problems, and the cost of updating a will is usually far lower than the cost of fixing the consequences later.
If your will has not been reviewed in years, our guide on dying without a will in Ontario shows what can happen when planning breaks down completely. If your estate includes online accounts or cryptocurrency, read planning for digital assets in your estate plan as part of the same review.
This article is for informational purposes only and does not constitute legal advice. The effect of marriage, separation, divorce, and family changes on a will depends on timing, drafting, and the surrounding legal facts.
FAQ
Questions first-time buyers ask before closing
These are some of the most common questions people ask about when a will should be updated in Ontario.
Does marriage affect an existing will in Ontario?
Yes. Marriage has major consequences for an existing will, which is why wills should be reviewed before or immediately after marriage.
Does separation automatically remove a spouse from a will?
No. Separation does not automatically rewrite your will, which is why updating it promptly is so important.
What happens to gifts to a former spouse after divorce?
Divorce can affect gifts and appointments involving the former spouse, but it does not necessarily solve every estate-planning issue created by the breakdown of the relationship.
Should I update my will after having children?
Yes. New children, adopted children, and evolving family structures are major reasons to review and often replace a will.
How often should I review my will?
A good general rule is every few years and after every major life event, especially marriage, separation, divorce, births, deaths, or major changes in assets.
Legal Disclaimer
This blog is for informational purposes only and does not constitute formal legal advice or establish a solicitor-client relationship. Reading this post does not replace obtaining advice from a licensed lawyer about your specific matter.